Bill Overview
Title: Family Notification of Death, Injury, or Illness in Custody Act of 2022
Description: Family Notification of Death, Injury, or Illness in Custody Act of This bill requires the Department of Justice (DOJ) to develop policies and procedures for notifying next-of-kin or other emergency contacts in the event of the death, or serious illness or serious injury, of an individual in custody. The bill requires DOJ to implement the policies and procedures at its detention agencies. Further, the bill requires DOJ to distribute model policies and procedures to state, territorial, tribal, and local detention agencies.
Sponsors: Sen. Ossoff, Jon [D-GA]
Target Audience
Population: People who are or will be held in detention facilities and their families
Estimated Size: 15000000
- The bill impacts individuals who are or will be in custody across the United States in federal, state, tribal, territorial, and local detention facilities.
- It also affects the families and emergency contacts of these individuals, as they will receive notifications about deaths, injuries, or serious illnesses.
- Statistically, on any given day, there are about 2.1 million people incarcerated in the United States, including in federal, state, and local facilities.
- Given various turnover rates in custodial facilities, more than 10 million individuals cycle through these facilities each year.
- The impact extends globally: incarceration occurs in numerous countries where similar provisions might be adopted to inform families of detainees, as well as impacting foreign nationals detained in the U.S.
Reasoning
- The population affected by this policy primarily includes individuals who are or will be held in detention facilities, their families, and emergency contacts. Therefore, the interviews include current and former detainees, their family members, and those who might be indirectly affected.
- The policy's main effect is on emotional and mental well-being due to the assurance of timely notifications in cases of emergencies. Notifying families can potentially reduce anxiety and stress levels.
- Consideration is given to the fact that the policy's budget, while significant, must be allocated across multiple federal, state, and local detention facilities, affecting the degree of implementation.
- While not all individuals in the U.S. interact directly with this policy, perceptions of fair treatment in the justice system can have a societal impact.
Simulated Interviews
Teacher (Phoenix, Arizona)
Age: 28 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- I constantly worry about my cousin's well-being in prison. Knowing I would be informed if anything went wrong would definitely ease some of my anxiety.
- I think it's a basic right for families to be informed quickly about such serious matters.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
Taxi Driver (New York, New York)
Age: 34 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- This is a step in the right direction. It will be good to know that if something serious happened, I would know right away rather than finding out from someone else or too late.
- I support this because it acknowledges the humanity of people in custody and their families.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 7 | 4 |
| Year 3 | 6 | 4 |
| Year 5 | 6 | 4 |
| Year 10 | 5 | 4 |
| Year 20 | 5 | 4 |
Nurse (Miami, Florida)
Age: 45 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 12/20
Statement of Opinion:
- Whenever my son gets detained, I'm always worried about what's happening to him. If something were to happen, I want to be the first to know.
- Notifications will help parents like me to stay informed and prepared.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Retiree (Chicago, Illinois)
Age: 62 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 20.0 years
Commonness: 8/20
Statement of Opinion:
- I've seen the anxiety families go through. This step should have been taken a long time ago.
- Families need peace of mind, and this policy helps achieve it.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Social Worker (Los Angeles, California)
Age: 50 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 20.0 years
Commonness: 15/20
Statement of Opinion:
- This policy aligns with reform efforts to treat individuals in custody more humanely and with respect.
- It'll be beneficial for families to get timely updates. It's a small but meaningful change.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Construction Worker (Atlanta, Georgia)
Age: 30 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 9/20
Statement of Opinion:
- Personally, knowing that if something happened to me while I was inside, my mom would be informed, would have made a big difference.
- Many people don't realize just how disconnected prisoners feel from the outside world.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
Student (Seattle, Washington)
Age: 25 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- As someone interested in law and human rights, this policy is a positive step. It ensures accountability and provides families with crucial information.
- I see this as an essential component of the justice system.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Entrepreneur (Houston, Texas)
Age: 41 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I think it's a great initiative. More people would have peace of mind knowing they would be informed.
- No one should be in the dark about their loved one's situation if they're in custody. Transparency is crucial.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 5 | 6 |
| Year 20 | 5 | 6 |
Lawyer (Denver, Colorado)
Age: 38 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 20.0 years
Commonness: 4/20
Statement of Opinion:
- This policy is absolutely necessary for creating a more humane justice system.
- It's important that families are treated respectfully and kept in the loop about serious matters affecting their loved ones in custody.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Mechanic (Baltimore, Maryland)
Age: 53 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 11/20
Statement of Opinion:
- After my daughter's experience, I realized how critical it is to have protocols like this established.
- Quick notifications are essential — they can ease a lot of stress and uncertainty for families.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Cost Estimates
Year 1: $30000000 (Low: $20000000, High: $50000000)
Year 2: $15000000 (Low: $10000000, High: $30000000)
Year 3: $15000000 (Low: $10000000, High: $30000000)
Year 5: $16000000 (Low: $12000000, High: $32000000)
Year 10: $17000000 (Low: $13000000, High: $34000000)
Year 100: $20000000 (Low: $15000000, High: $40000000)
Key Considerations
- The administrative burden on the DOJ and other detention facilities to develop and maintain an effective and efficient notification system.
- The policy aims to enhance communication and transparency, potentially mitigating family distress and reducing administrative legal run-ins concerning non-notification complaints.
- The necessity of training personnel across various jurisdictions to ensure that notifications are done effectively and according to guidelines.
- Potential disparities in the capabilities of local and tribal facilities to implement these policies, which may necessitate federal assistance.